35 U.S.C. § 41

Historical and Revision Notes

May 27, 1908, ch. 200, § 135 Stat. 317June 25, 1910, ch. 414, § 235 Stat. 843Feb. 18, 1922, ch. 58, § 942 Stat. 389Feb. 14, 1927, ch. 139, § 244 Stat. 1098Mar. 2, 1927, ch. 273, § 1344 Stat. 1335April 11, 1930, ch. 132, § 346 Stat. 155June 30, 1932, ch. 31447 Stat. 382Aug. 9, 1939, ch. 619, § 353 Stat. 1293July 5, 1946, ch. 541, § 30160 Stat. 446Based on Title 35, U.S.C., 1946 ed., § 78 (R.S. 4934, amended (1) (part), , 343; (2) , ; (3) , , 393; (4) , , 1099; (5) , , 1337; (6) , ; (7) , §§ 308, 309, , 410; (8) , ; (part), , 471).

The items in the schedule of fees are rearranged in a few instances and are numbered for convenient reference.

The obsolete fee for appeal from the examiners of interferences to the Board of Appeals is omitted.

The fee for appeal to the Board of Appeals is changed from $15 to $25.

Two provisos in the corresponding section of the existing statute have been made separate sections, see sections 12 and 13.

The fee for a certificate is changed from 50 cents to $1 to correspond to the same fee in the trade-mark statute.

A new item (8) is added to go with section 205.

An omnibus item to take care of miscellaneous minor fees is added; in view of this, two items in the present schedule are omitted.

The fee for reissue applications is changed slightly.

Editorial Notes

References in Text

section 632 of Title 15Section 3 of the Small Business Act, referred to in subsec. (h)(1), is classified to , Commerce and Trade.

Amendments

Pub. L. 118–1512024—Subsec. (j). inserted “, unless the entity shows that the assertion was made in good faith,” before “be subject”.

Pub. L. 117–328, § 107(a)(1)2022—Subsec. (h)(1). , substituted “60 percent” for “50 percent”.

Pub. L. 117–328, § 107(a)(2)Subsec. (h)(3). , substituted “80 percent” for “75 percent”.

Pub. L. 117–328, § 107(b)(1)Subsec. (j). , added subsec. (j).

Pub. L. 112–211, § 202(b)(1)(A)2012—Subsec. (a)(7). , added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “On filing each petition for the revival of an unintentionally abandoned application for a patent, for the unintentionally delayed payment of the fee for issuing each patent, or for an unintentionally delayed response by the patent owner in any reexamination proceeding, $1,620, unless the petition is filed under section 133 or 151, in which case the fee shall be $540.”

Pub. L. 112–211, § 202(b)(1)(B)Subsec. (c)(1). , added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Director may accept the payment of any maintenance fee required by subsection (b) of this section which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional, or at any time after the six-month grace period if the delay is shown to the satisfaction of the Director to have been unavoidable. The Director may require the payment of a surcharge as a condition of accepting payment of any maintenance fee after the six-month grace period. If the Director accepts payment of a maintenance fee after the six-month grace period, the patent shall be considered as not having expired at the end of the grace period.”

Pub. L. 112–29, § 11(a)Dec. 12, 19802011—Subsecs. (a), (b). , amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) required the Director to charge certain fees for filing applications, disclaimers, petitions, and appeal documents, presenting claims, and issuing patents, and to charge certain fees for maintaining in force patents based on applications filed on or after , respectively.

Pub. L. 112–29, § 11(b)Subsec. (c). , inserted subsec. heading and headings of pars. (1) and (2).

Pub. L. 112–29, § 11(c)Subsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Director shall establish fees for all other processing, services, or materials relating to patents not specified in this section to recover the estimated average cost to the Office of such processing, services, or materials, except that the Director shall charge the following fees for the following services:

“(1) For recording a document affecting title, $40 per property.

“(2) For each photocopy, $.25 per page.

“(3) For each black and white copy of a patent, $3.

section 13 of this titleThe yearly fee for providing a library specified in with uncertified printed copies of the specifications and drawings for all patents in that year shall be $50.”

Pub. L. 112–29, § 20(j)Subsec. (e). , struck out “of this title” after “132”.

Pub. L. 112–29, § 11(e)(1), inserted heading.

Pub. L. 112–29, § 11(e)(2)Subsec. (f). , inserted heading.

Pub. L. 112–29, § 11(e)(3)Subsec. (g). , struck out subsec. (g) which read as follows: “No fee established by the Director under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.”

Pub. L. 112–29, § 11(d)Subsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:

“(h)(1) Fees charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.

“(2) With respect to its application to any entity described in paragraph (1), any surcharge or fee charged under subsection (c) or (d) shall not be higher than the surcharge or fee required of any other entity under the same or substantially similar circumstances.”

Pub. L. 112–29, § 11(e)(4)Subsec. (i). , inserted subsec. heading and headings of pars. (1) to (4).

Pub. L. 107–273Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002—Subsec. (a). made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–2731999—Subsec. (a). , as amended by , substituted “Director” for “Commissioner” in introductory and concluding provisions.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4202(a), (b)]Subsec. (a)(1)(A), (4)(A). , substituted “$690” for “$760”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4605(a)]Subsec. (a)(7). , amended par. (7) generally. Prior to amendment, par. (7) read as follows: “On filing each petition for the revival of an unintentionally abandoned application for a patent or for the unintentionally delayed payment of the fee for issuing each patent, $1,210, unless the petition is filed under section 133 or 151 of this title, in which case the fee shall be $110.”

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Subsec. (a)(8). , substituted “Director” for “Commissioner” in introductory provisions.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4202(c)]Subsec. (a)(10). , substituted “$690” for “$760”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Subsec. (b). , substituted “Director” for “Commissioner” in introductory and concluding provisions.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4202(d)]Subsec. (b)(1). , substituted “$830” for “$940”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Subsecs. (c) to (g). , substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(5)]Subsec. (h)(1). , substituted “Director” for “Commissioner of Patents and Trademarks”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4804(d)(1)]Subsec. (i)(1). , substituted “paper, microform, or electronic” for “paper or microform”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)] substituted “Director” for “Commissioner” in two places.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Subsec. (i)(2) to (4). , substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 105–358, § 3(a)1998—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which listed fees for patent services.

Pub. L. 105–358, § 3(b)December 12, 1980Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which read as follows: “The Commissioner shall charge the following fees for maintaining in force all patents based on applications filed on or after :

“(1) 3 years and 6 months after grant, $650.

“(2) 7 years and 6 months after grant, $1,310.

“(3) 11 years and 6 months after grant, $1,980.

Unless payment of the applicable maintenance fee is received in the Patent and Trademark Office on or before the date the fee is due or within a grace period of six months thereafter, the patent will expire as of the end of such grace period. The Commissioner may require the payment of a surcharge as a condition of accepting within such six-month grace period the late payment of an applicable maintenance fee. No fee will be established for maintaining a design or plant patent in force.”

Pub. L. 103–465, § 532(b)(2)1994—Subsec. (a)(1)(C). , added subpar. (C).

Pub. L. 103–465, § 533(b)(1)Subsec. (c)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “No patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall abridge or affect the right of any person or his successors in business who made, purchased or used after the six-month grace period but prior to the acceptance of a maintenance fee under this subsection anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used. The court before which such matter is in question may provide for the continued manufacture, use or sale of the thing made, purchased, or used as specified, or for the manufacture, use or sale of which substantial preparation was made after the six-month grace period but before the acceptance of a maintenance fee under this subsection, and it may also provide for the continued practice of any process, practiced, or for the practice of which substantial preparation was made, after the six-month grace period but prior to the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the six-month grace period but before the acceptance of a maintenance fee under the subsection.”

Pub. L. 102–4441992—Subsec. (c)(1). inserted after “section” in first sentence “which is made within twenty-four months after the six-month grace period if the delay is shown to the satisfaction of the Commissioner to have been unintentional, or at any time”.

Pub. L. 102–204, § 5(d)(2)(A)1991—, inserted “; patent and trademark search systems” after “fees” in section catchline.

Pub. L. 102–204, § 5(a)(1)Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Commissioner shall charge the following fees:

section 112 of this title“1. On filing each application for an original patent, except in design or plant cases, $300; in addition, on filing or on presentation at any other time, $30 for each claim in independent form which is in excess of three, $10 for each claim (whether independent or dependent) which is in excess of twenty, and $100 for each application containing a multiple dependent claim. For the purpose of computing fees, a multiple dependent claim as referred to in or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.

“2. For issuing each original or reissue patent, except in design or plant cases, $500.

“3. In design and plant cases:

“a. On filing each design application, $125.

“b. On filing each plant application, $200.

“c. On issuing each design patent, $175.

“d. On issuing each plant patent, $250.

“4. On filing each application for the reissue of a patent, $300; in addition, on filing or on presentation at any other time, $30 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $10 for each claim (whether independent or dependent) which is in excess of twenty and also in excess of the number of claims of the original patent. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.

“5. On filing each disclaimer, $50.

“6. On filing an appeal from the examiner to the Board of Patent Appeals and Interferences, $115; in addition, on filing a brief in support of the appeal, $115, and on requesting an oral hearing in the appeal before the Board of Patent Appeals and Interferences, $100.

“7. On filing each petition for the revival of an unintentionally abandoned application for a patent or for the unintentionally delayed payment of the fee for issuing each patent, $500, unless the petition is filed under sections 133 or 151 of this title, in which case the fee shall be $50.

“8. For petitions for one-month extensions of time to take actions required by the Commissioner in an application:

“a. On filing a first petition, $50.

“b. On filing a second petition, $100.

“c. On filing a third or subsequent petition, $200.”

Pub. L. 102–204, § 5(a)(2)December 12, 1980Subsec. (b). , substituted “in force all patents based on applications filed on or after :

“(1) 3 years and 6 months after grant, $650.

“(2) 7 years and 6 months after grant, $1,310.

“(3) 11 years and 6 months after grant, $1,980.”

for “a patent in force:

“1. Three years and six months after grant, $400.

“2. Seven years and six months after grant, $800.

“3. Eleven years and six months after grant, $1,200.”

Pub. L. 102–204, § 5(a)(3)section 13 of this titleSubsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Commissioner will establish fees for all other processing, services, or materials related to patents not specified above to recover the estimated average cost to the Office of such processing, services, or materials. The yearly fee for providing a library specified in with uncertified printed copies of the specifications and drawings for all patents issued in that year will be $50.”

Pub. L. 102–204, § 5(b)October 1, 1992October 1, 1985Subsec. (f). , substituted “on , and every year thereafter, to reflect any fluctuations occurring during the previous 12 months” for “on , and every third year thereafter, to reflect any fluctuations occurring during the previous three years”.

Pub. L. 102–204, § 5(c)(1)Subsec. (g). , amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “No fee established by the Commissioner under this section will take effect prior to sixty days following notice in the Federal Register.”

Pub. L. 102–204, § 5(d)(1)Subsec. (i). , added subsec. (i).

Pub. L. 99–6071986—Subsec. (h). added subsec. (h).

Pub. L. 98–6221984—Subsec. (a)(6). substituted “Patent Appeals and Interferences” for “Appeals” in two places and inserted “in the appeal” after “oral hearing”.

Pub. L. 97–247, § 3(a)1982—Subsec. (a). , substituted provisions setting a schedule of fees for provisions which had directed that the Commissioner establish fees for the processing of an application for a patent, from filing through disposition by issuance or abandonment, for maintaining a patent in force, and for providing all other services and materials related to patents and that fee would be established for maintaining a design patent in force.

Pub. L. 97–256, § 101(1), struck out “of Patents” after “Commissioner”.

Pub. L. 97–247, § 3(b)Subsec. (b). , substituted provisions setting a fee schedule for maintaining a patent in force for provisions which had directed that, fees for the actual processing of an application for a patent, other than for a design patent, from filing through disposition by issuance or abandonment, were to recover in aggregate 25 per centum of the estimated average cost to the Office of such processing and that fees for the processing of an application for a design patent, from filing through disposition by issuance or abandonment, were to recover in aggregate 50 per centum of the estimated average cost to the Office of such processing.

Pub. L. 97–256, § 101(2)October 1, 1982, substituted “” for “the first day of the first fiscal year beginning on or after one calendar year after enactment of this Act” and “the first day of the first fiscal year beginning on or after one calendar year after enactment”.

Pub. L. 97–247, § 3(c)Subsec. (c). , substituted maintenance provisions for provisions which had directed that fees for maintaining patents in force were to recover 25 per centum of the estimated cost to the Office, for the year in which such maintenance fees were received, of the actual processing all applications for patents, other than for design patents, from filing through disposition by issuance or abandonment, that fees for maintaining a patent in force would be due three years and six months, seven years and six months, and eleven years and six months after the grant of the patent, that unless payment of the applicable maintenance fee was received in the Patent and Trademark Office on or before the date the fee was due or within a grace period of six months thereafter, the patent would expire as of the end of such grace period, and that the Commissioner could require the payment of a surcharge as a condition of accepting within such six-month grace period the late payment of an applicable maintenance fee.

Pub. L. 97–256, § 101(3)October 1, 1996, substituted “” for “the fifteenth fiscal year following the date of enactment of this Act”.

Pub. L. 97–247, § 3(d)Subsec. (d). , substituted provisions relating to fees for all other processing services or materials relating to patents not previously specified for provisions directing that fees for all other services or materials related to patents were to recover the estimated average cost to the Office of performing the service or furnishing the material.

Pub. L. 97–256, § 101(4)October 1, 1982, substituted “” for “the first day of the first fiscal year beginning on or after one calendar year after enactment”.

Pub. L. 97–247, § 3(e)Subsec. (f). , substituted provisions relating to the adjustment of fees to reflect CPI fluctuations for provisions directing that fees were to be adjusted by the Commissioner to achieve the levels of recovery specified in this section but that no patent application processing fee or fee for maintaining a patent in force was to be adjusted more than once every three years.

Pub. L. 96–5171980— in revising fee provisions by substituting subsecs. (a) to (g) for prior subsecs. (a) to (c), required the Commissioner to establish fees based on recovery of estimated average cost of processing applications, performing miscellaneous services and providing material, required fees for maintenance of patents in force and provided for expiration of patents for nonpayments, prescribed $50 library fee for copies of specifications and drawings, authorized triennial adjustments, prescribed effective date for fees, and incorporated in subsec. (e) waiver provision of former subsec. (c).

Pub. L. 94–131section 112 of this title1975—Subsec. (a)1. inserted sentence respecting consideration of a multiple dependent claim as referred to in or any claim depending therefrom as separate dependent claims in accordance with the number of claims to which reference is made for the purpose of computing fees.

Pub. L. 93–596Subsec. (b). substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 89–83, § 11965—Subsec. (a)1. , increased the filing fee for original patents from $30 to $65, changed the additional fee from $1 for each claim in excess of twenty to $10 for each claim in independent form which is in excess of one and $2 for each claim (whether independent or dependent) which is in excess of ten, and permitted the rectification of errors in the payment of the additional fees in accordance with regulations of the Commissioner.

Pub. L. 89–83, § 1Subsec. (a)2. , applied the issue fee to reissue patents as well as to original patents, increased such fee from $30 to $100, and changed the additional fee from $1 for each claim in excess of twenty to $10 for each page (or portion thereof) of specification as printed and $2 for each sheet of drawing.

Pub. L. 89–83, § 1Subsec. (a)3. , changed the fee structure applicable to design patents from a filing fee of $10, $15, or $30 for terms of 3½, 7, or 14 years, respectively, to a filing fee of $20 and an issue fee of $10, $20, or $30 for terms of 3½, 7, or 14 years, respectively.

Pub. L. 89–83, § 1Subsec. (a)4. , increased the filing fee for reissue patents from $30 to $65, changed the additional fee from $1 for each claim in excess of twenty over and above the number of claims in the original patent to $10 for each claim in independent form which is in excess of the number of independent claims of the original patent and $2 for each claim (whether independent or dependent) which is in excess of ten and also in excess of the number of claims in the original patent, and permitted the rectification of errors in the payment of the additional fees in accordance with regulations of the Commissioner.

Pub. L. 89–83, § 1Subsec. (a)5. , increased the fee for filing disclaimers from $10 to $15.

Pub. L. 89–83, § 1Subsec. (a)6. , increased the fee on appeal for the first time from the examiner to the Board of Appeals from $25 to $50, and added the additional $50 fee for filing a brief in support of the appeal.

Pub. L. 89–83, § 1Subsec. (a)7. , increased the fee for filing a petition for the revival of an abandoned application or for the delayed payment of the issuance fee from $10 to $15.

Pub. L. 89–83, § 1section 256 of this titlesection 255 of this titleSubsec. (a)8. , inserted fee for the certificate under , and increased the fee for a certificate under from $10 to $15.

Pub. L. 89–83, § 1Subsec. (a)9. , increased the fee for copies of specifications and drawings of patents (other than design patents) from 25 cents to 50 cents per copy and the fee for copies of specifications and drawings of design patents from 10 cents to 20 cents per copy, and permitted the Commissioner to establish a charge not to exceed $1 per copy for patents in excess of twenty-five pages of drawings and specifications and for plant patents printed in color and to provide applicants, without charge, with copies of specifications and drawings when referred to in a section 132 notice.

Pub. L. 89–83, § 1Subsec. (a)10. , changed the recording fee from $3 for every document not exceeding six pages and $1 for each additional two pages or less to a flat $20 fee for every document, and substituted a $3 fee for each additional item where the document relates to more than one patent or application for a 50 cents additional fee for each additional patent or application included in one writing where more than one is so included.

Pub. L. 89–83, § 2Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–211Dec. 18, 2012section 203 of Pub. L. 112–211section 27 of this titleAmendment by effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see , set out as an Effective Date note under .

Effective Date of 2011 Amendment

Pub. L. 112–29, § 11(j)Sept. 16, 2011125 Stat. 325

section 20(j) of Pub. L. 112–29Sept. 16, 2011lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle B, § 4206]Nov. 29, 1999113 Stat. 1536

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle F, § 4608]Nov. 29, 1999113 Stat. 1536

Pub. L. 106–113Nov. 29, 1999Pub. L. 106–113section 1 of this titleAmendment by section 1000(a)(9) [title IV, §§ 4732(a)] of effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–358, § 5Nov. 10, 1998112 Stat. 3274

Effective Date of 1994 Amendment

section 532(b)(2) of Pub. L. 103–465Dec. 8, 1994Pub. L. 103–465section 154 of this titleAmendment by effective 6 months after , and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) of , set out as a note under .

section 533(b)(1) of Pub. L. 103–465Jan. 1, 1995Pub. L. 103–465section 154 of this titleAmendment by effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–444, § 2Oct. 23, 1992106 Stat. 2245

Effective Date of 1991 Amendment

Pub. L. 102–204, § 13Dec. 10, 1991105 Stat. 1642

Effective Date of 1984 Amendment

Pub. L. 98–622, title II, § 207Nov. 8, 198498 Stat. 3389

Effective Date of 1982 Amendment

Pub. L. 97–247, § 17(a)Aug. 27, 198296 Stat. 322

Effective Date of 1980 Amendment

Pub. L. 96–517, § 8Dec. 12, 198094 Stat. 3027

Effective Date of 1975 Amendments

Pub. L. 94–131Jan. 24, 1978section 11 of Pub. L. 94–131section 351 of this titleAmendment by effective , and applicable on and after that date to patent applications filed in the United States and to international applications, where applicable, see , set out as an Effective Date note under .

Pub. L. 93–596Jan. 2, 1975section 4 of Pub. L. 93–596section 1111 of Title 15Amendment by effective , see , set out as a note under , Commerce and Trade.

Effective Date of 1965 Amendment

Pub. L. 89–83, § 7July 24, 196579 Stat. 261

Termination of Reporting Requirements

May 15, 2000section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions in subsec. (i)(4) of this section relating to annual reports to Congress, see , as amended, set out as a note under , Money and Finance, and page 55 of House Document No. 103–7.

Fee Setting Authority

Pub. L. 112–29, § 10Sept. 16, 2011125 Stat. 316Pub. L. 115–273, § 4Oct. 31, 2018132 Stat. 4159Pub. L. 117–328, div. W, § 107(c)Dec. 29, 2022136 Stat. 5522

section 10 of Pub. L. 112–29section 2 of Pub. L. 112–29section 1 of this title[For definitions of terms used in , set out above, see , set out as a Definitions note under .]

Prioritized Examination Fee

Pub. L. 112–29, § 11(h)Sept. 16, 2011125 Stat. 324

Appropriation Account Transition Fees

Pub. L. 112–29, § 11(i)Sept. 16, 2011125 Stat. 325

Authority of PTO Director To Use Trademark Funds

Pub. L. 111–45, § 1Aug. 7, 2009123 Stat. 1968

Patent and Trademark Fees in Certain Fiscal Years After 2005

Pub. L. 108–447, div. B, title VIIIDec. 8, 2004118 Stat. 2924Pub. L. 109–289, div. B, title II, § 20933Pub. L. 110–5, § 2Feb. 15, 2007121 Stat. 45Pub. L. 112–29, § 11(f)Sept. 16, 2011125 Stat. 324

Pub. L. 111–117, div. B, title IDec. 16, 2009123 Stat. 3116

Pub. L. 111–8, div. B, title IMar. 11, 2009123 Stat. 564

Pub. L. 110–161, div. B, title IDec. 26, 2007121 Stat. 1888

Study on Alternative Fee Structures

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4204]Nov. 29, 1999113 Stat. 1536

Cost Recovery for Publication

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4506]Nov. 29, 1999113 Stat. 1536

Continuation of Maintenance

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4804(d)(2)]Nov. 29, 1999113 Stat. 1536

Access to Electronic Patent Information

Pub. L. 105–289, § 4Oct. 27, 1998112 Stat. 2781

Waiver of Certain Restrictions

Pub. L. 102–204, § 2(c)Dec. 10, 1991105 Stat. 1636

Unspecified Patent Fees for Fiscal Year 1992; Effective Date Contingent Upon Publication in Federal Register

Pub. L. 102–204, § 5(c)(2)Dec. 10, 1991105 Stat. 1639section 553 of title 5, , , provided that fees established by the Commissioner of Patents and Trademarks under subsec. (d) of this section during fiscal year 1992 could take effect on or after 1 day after being published in the Federal Register, and that former subsec. (g) of this section and were not to apply to the establishment of such fees during fiscal year 1992.

Patent Information Dissemination

Pub. L. 102–204, § 11Dec. 10, 1991105 Stat. 1641Dec. 10, 1991, , , set out definitions, established a patent information demonstration program, stipulated the information to be disseminated, provided for fees for CD-ROM purchase, and required a report to Congress one year after .

Surcharges on Patent Fees

Pub. L. 101–508, title X, § 10101(a)Nov. 5, 1990104 Stat. 1388–391Pub. L. 102–204, § 2(b)Dec. 10, 1991105 Stat. 1636Pub. L. 103–66, title VIII, § 8001Aug. 10, 1993107 Stat. 402–(c), , , as amended by , , ; , , , provided for surcharges for fees under this section during fiscal years 1991 through 1998, and stipulated how surcharges would be used and credited in those fiscal years.

Effect on Other Laws

Pub. L. 101–508, title X, § 10103Nov. 5, 1990104 Stat. 1388–392

Public Access to Patent and Trademark Office Information

Pub. L. 100–703, title I, § 104(b)Nov. 19, 1988102 Stat. 4675Pub. L. 102–204, § 9Dec. 10, 1991105 Stat. 1641section 41(i) of this title, (c), , , provided that the Commissioner of Patents and Trademarks maintain patent and trademark collections, search rooms, and libraries for use by the public without fees and authorized establishment of fees for access by the public to automated search systems of the Patent and Trademark Office, prior to repeal by , , . See .

Pub. L. 99–607, § 4Nov. 6, 1986100 Stat. 3471Pub. L. 100–703, title I, § 104(a)Nov. 19, 1988102 Stat. 4675, , , provided that the Commissioner of Patents and Trademarks could not impose a fee for use of public patent or trademark search rooms and libraries and that costs of such rooms and libraries should come from amounts appropriated by Congress, prior to repeal by , , .

Patent Fees

Pub. L. 100–703, title I, § 103(b)Nov. 19, 1988102 Stat. 4674Pub. L. 99–607, § 3(b)Nov. 6, 1986100 Stat. 3471, , , prohibited Commissioner of Patents and Trademarks, during fiscal years 1989, 1990, and 1991, from increasing fees established under subsec. (d) of this section, except for purposes of making adjustments which in the aggregate did not exceed fluctuations during the previous three years in the Consumer Price Index, and from establishing additional fees under such section during such fiscal years. Similar provisions were contained in , , .

Pub. L. 98–622, title IV, § 404Nov. 8, 198498 Stat. 3392